It is important to include all legislative requirements in your promotional advertising. Failure to do so may result in the below penalties:
NSW
Community Gaming Regulation 2020
Section 27: The holder of an authority to conduct a gaming activity must take all reasonable steps to ensure that any advertising material associated with the gaming activity clearly displays the authority number.
Section 22 (1): A person or body that conducts a gaming activity must ensure that every requirement of Division 2 or 3 that relates to the gaming activity, including the conduct of the gaming activity and the proceeds of the activity, is complied with. Penalty: Max. 50 Penalty units ($5,500)
Section 22 (2): If a body fails to comply with this clause, each trustee or other person who was a member of the governing body of the body at the time of the offence is guilty of an offence, if the trustee or person knowingly authorised or permitted the failure to comply. Penalty: Max. 50 Penalty units ($5,500)
Section 52: Advertising of gaming activities: A person must not cause to be published an advertisement promoting a gaming activity that— (a) encourages a breach of the law, or (b) depicts children participating in a gaming activity, or (c) suggests that winning will be a definite outcome of entering or participating in the gaming activity, or (d) suggests that entering or participating in the gaming activity will definitely improve a person’s financial prospects. Maximum penalty—50 penalty units ($5,500).
VIC
Gambling Regulation Act 2003 and Gambling Regulation Regulations 2005
Section 56 (3) of the Regulations outlines the advertising requirements which are included in the prescribed conditions.
Section 5.7.16 (1) of the Act: A person must not conduct, or assist in the conduct of, a trade promotion lottery other than in accordance with this Act and the regulations.
Investigation and/or Disciplinary Action (see below)
Penalty: 60 Penalty units ($11,095.20) for first offence
Penalty 100 Penalty units ($18,492.00) for second or subsequent offence
ACT
Legislation is unclear on this point.
SA
Lotteries Act 2019
Section 16 (3) of the Act: In the event of a contravention of, or failure to comply with, a condition of a licence the licensee is guilty of an offence
Maximum penalty: $5,000
Lotteries Regulations 2021
Schedules 5, 11 and 12 include advertising requirements.
*Fines listed above are based on penalty unit costs as at 19/07/22
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